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The Rinehart case: to stay or not to stay
The courts are often requested to enforce an arbitration agreement by granting a stay of court proceedings. A stay application may be
Lawyer’s Advocacy in Arbitrations: The Top 10 Horrible, Terrible, No Good Mistakes Lawyers Make
There's a great argument that lawyer advocacy in an arbitration is more essential than at a trial in court. This post is the beginning of the 10 most
International arbitration: key legislative developments
Arbitration in Belize is governed by the Arbitration Act. As the act was last amended in 1980, it has become somewhat outdated. However, these
California’s Arbitration Agreement Ban on Hold
A controversial California law that would have prevented employers from requiring arbitration agreements as a condition of employment has been
Separation doesn’t need to be combative; it can be collaborative
Collaborative practice is an approach taken by separating couples who want to deal with finance, children and separation issues in a
Arbitration case law update: Supreme Court lifts stay on enforcement of ICSID award: the Micula saga continues
In the latest instalment of a long-running dispute, the Supreme Court has lifted the stay on the enforcement of a 150m ICSID
Insufficiently stamped agreements: can parties still seek interim relief in support of India-seated arbitrations?
The Supreme Court recently held that the courts cannot appoint an arbitrator on the basis of an arbitration clause if the agreement containing such
California Appeals Preliminary Injunction Against State Ban on Employment Arbitration Agreements
The State of California has filed a notice of appeal of the district court’s decision granting a preliminary injunction enjoining the State from
Partial annulment of award based on ultra petita grounds
A recent case addressed the partial annulment of an award which granted damages where the prayer for relief sought only a declaration (ultra petita
Take care to avoid conflict of interest when appointing an adjudicator
There is a high threshold for judicially reviewing an adjudicator's determination under the Construction Contracts Act 2002 (CCA). A recent case
California’s Anti-Arbitration Law AB 51 Deemed UnenforceableTemporarily
California employers may breathe a temporary sigh of relief after the U.S. District Court for the Eastern District of California issued an order
Micula v Romania: The next chapter
In the latest episode of the long-running Micula saga, the UK Supreme Court has today finally closed the English chapter of a 15-year long investment
The 2nd Edition of Arbitration in Lithuania is online
Being an effective way to solve disputes, arbitration is still a complex process comprising of various procedural principles, rules and regulations
Transmission de la clause compromissoire à un assureur non-signataire
Dans un arrêt du 26 novembre 2019 (n 1820873), la Cour d’appel de Paris a eu l’occasion de se prononcer sur la transmission de la clause
Court's discretion trumps International Arbitration Act in admiralty case
In 2017 South Africa promulgated the International Arbitration Act (IAA) with a view to creating a viable arbitral forum on the African continent to
Construction Law Masters Podcast Series: Soundbite 2 - Views on arbitrations
A soundbite of the full conversation highlighting this part of the discussion can be found on SoundCloud, Spotify and iTunes. The full conversation
Mediating healthcare claims
NHS Resolution recently published its report detailing the findings of the Claims Mediation Service. The Claims Mediation Service was launched in
A rundown of common mediation mistakes
In many cases, lawyers are failing to use mediation effectively and doing a disservice to their clients. The good news is that if you choose a good
Doing Business in the UK: Consumer Sector 2020
The UK’s consumer sector has shown resilience against the backdrop of challenging political and economic conditions. Consumers in the UK remain
Die Einigungsstelle bei der Einführung von IT-Systemen - eine Chance?
Die Einführung und ständige Aktualisierung von modernen IT-Systemen ist für Unternehmen von entscheidender Bedeutung, um wettbewerbsfähig zu sein und
The ABC of arbitration in El Salvador.
This is one of the modalities that has contributed the most to the management of the controversies, by facilitating the administration of justice on
Update: The Hague Rules on Business and Human Rights Arbitration
The recently released1 Hague Rules on Business and Human Rights Arbitration may assist and encourage the widening of the ambit of arbitration beyond
Ninth Circuit Decision Has Significant Implications for Terms and Conditions in Smartphone Apps
A recent Ninth Circuit decision centered on something most consumers use many times every day: smartphone apps
The Debate Over Vavilov’s Applicability to Commercial Arbitration Appeals Continues in Alberta
Within the span of two weeks, two lower courts in different provinces have reached opposite conclusions about the standard of review for an arbitral
El ABC del arbitraje en El Salvador
Esta es una de las modalidades que más ha contribuido a la gestión de las controversias, al facilitar la administración de
The enforceability of arbitration clauses in BC employment contracts
The BC Supreme Court recently considered the enforceability of arbitration clauses in employment contracts, as was addressed in Heller v. Uber
The Enforcement of Arbitral awards and foreign provisions within three days in United Arab Emirates
Article 85 of the Regulations of the Civil Procedures Law issued by Cabinet Resolution No. 57 of 2018 ("Regulation") regarding the regulations of
Overview: MLI choices made by the Netherlands, Belgium, Luxembourg and Switzerland
On 7 June 2017, the Multilateral Instrument (MLI) was signed covering 68 jurisdictions. In the meantime multiple other jurisdictions have si
Ensuring equality of arms and fairness in International Arbitration
Voltaire was - amongst other things - a law student who over his lifetime would have called many cities, that have become leading European centres of
“Each problem that I solved became a rule, which served afterwards to solve other problems”: Is international arbitration stifling the development of precedent-based legal systems?
René Descartes’ treatise “Discourse on the Method” (1637) was unusual for its time, being written in French (rather than Latin) so that it could be